Nghị định 52/2012/ND-CP

Decree No. 52/2012/ND-CP of June 14, 2012, regulations on sanction of administrative violation in the area of fire prevention and fighting

Decree No. 52/2012/ND-CP regulations on sanction of administrative violation in đã được thay thế bởi Decree No. 167/2013/ND-CP sanction of administrative violation in social security order safety domestic violence và được áp dụng kể từ ngày 28/12/2013.

Nội dung toàn văn Decree No. 52/2012/ND-CP regulations on sanction of administrative violation in


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No: 52/2012/ND-CP

Ha Noi, June 14, 2012

 

DECREE

REGULATIONS ON SANCTION OF ADMINISTRATIVE VIOLATION IN THE AREA OF FIRE PREVENTION AND FIGHTING

Based on the Law on Government organization dated December 25, 2001;

Based on the Law on fire prevention and fighting dated June 29, 2001;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 2, 2002 Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations dated April 2, 2008;

At the proposal of the Minister of Public Security;

The Government issues the Decree stipulating the sanction of administrative violations in the area of fire prevention and fighting.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree stipulates the acts of administrative violation, sanctioning principle, forms of sanction, fines, remedial measures, the sanctioning competence, order, procedures for sanction, complaints, denunciation and settlement of complaint and denunciation about the sanctioning of administrative violations in the area of fire prevention and fighting.

2. The acts of administrative violations in the area of fire prevention and fire fighting or in relation with the area of fire prevention and fighting not regulated in this Decree but having been regulated in other decrees of the Government on handling of administrative violations shall be sanctioned for administrative violations as regulated in those decrees.

Article 2. Subject of application

Individuals and organizations committing administrative violations in the area of fire prevention and fighting in the territory of the Socialist Republic of Vietnam shall be sanctioned under the provisions of this Decree and other provisions of the relevant law on sanction of administrative violations.

Article 3. Principle of sanction of administrative violations

The principle of sanction of administrative violations in the area of fire prevention and fighting shall comply with the provisions in the Article 3 of the Ordinance on Handling of Administrative Violations

Article 4. Form of sanction of administrative violations

1. For each administrative violation in the area of fire prevention and fighting prescribed in this Decree, the individuals, organizations violating shall be subject to one of the following forms of sanction:

a) Caution;

b) Fine.

2. Depending on the nature and seriousness of violations, the individuals and organizations with administrative violations in the area of fire prevention and fire fighting can be subject to one or more additional forms of sanction as follows:

a) Being deprived of the license use right and practice certificate;

b) Being confiscated the exhibit and means used for administrative violations.

3. In addition to the forms of sanctions, the additional sanctions specified in clause 1 and clause 2 of this Article, the individuals and organizations committing administrative violations in the area of fire prevention and fighting can be subject to one or many remedial measures as follows:

a) Coersively performing the remedial measures of the environmental pollution due to administrative violations.

b) Coercively restoring the initial state altered due to administrative violations or coercively dismantling the work items or the unauthorized building works;

c) Coercively remedying unsafe conditions due to administrative violations;

d) Coercively reducing the quantity and amount of the dangerous substances and goods at risk of fire and explosion under the prescribed rate;

dd) Coercively removing the dangerous substances at risk of fire and explosion due to administrative violations to storage and location as prescribed;

e) Other remedial measures are regulated in Chapter II of this Decree.

4. Those who commit acts of administrative violations in the area of fire prevention and fighting and cause damages to organizations and individuals, in addition to administrative sanctions as stipulated in clause 1, 2 and 3 of this Article, they also make compensation for damage under the provisions of civil law.

5. Foreigners who commit acts of administrative violations in the area of fire prevention and fighting in the territory of Vietnam may be expelled from the Socialist Republic of Vietnam. The expulsion applied may be the form of administrative sanction or additional sanction. The competence, order and procedures for applying the sanction of expulsion shall comply with the provisions of current law on sanction of expulsion by administrative procedures.

Chapter 2.

ACTS OF ADMINSTRATIVE VIOLATION AND FORM OF SANCTION

Article 5. Acts of violation in the issuance and dissemination and organization of implementation of the regulations and rules on fire prevention and fighting

1. A caution or fine between VND 100,000 and 200,000 for one of the following acts:

a) Failing to fully abide by the rules and regulations on fire prevention and fighting;

b) Frustrating or letting the rules, regulations, signboards, ban signal, instruction board about fire prevention and fighting be old and fuzzy, the letters and instruction symbols cannot be seen clearly;

c) Equipping the rules, regulations, signboards, ban signal, instruction board about fire prevention and fighting is not in conformity with the specification as prescribed.

2. A fine between VND 200,000 and 500,000 for one of the following acts:

a) Failing to place and list the regulations, signboards, ban signal, instruction board about fire prevention and fighting as prescribed.

b) Failing to observe the rules and regulations on fire prevention and fighting;

c) Failing to disseminate the rules and regulations on fire prevention and fighting to the people within its management;

d) Issuing the rules and regulations on fire prevention and fighting with inadequate content or non-conformity with the dangerous characteristics of fire and explosion of the facility.

3. A fine of between VND 1,000,000 and 2,000,000 for the acts of non-placement and listing of the rules on fire prevention and fighting.

4. A fine of between VND 2,000,000 and 5,000,000 for the acts of non-promulgation or promulgation of regulations and rules on fire prevention and fighting contrary to the legal normative documents of the State.

5. Remedial measures:

a) Coercively restoring the initial state altered due to administrative violations as prescribed in point b, clause 1 of this Article.

b) Coercively promulgating, disseminating and listing the rules and regulations on fire prevention and fighting in conformity with the acts prescribed in point a, c and d, clause 2 and 4 of this Article.

Article 6. Act of violation of regulation on safety inspection of fire prevention and fighting

1. A fine of between VND 100,000 and 200,000 for the acts of not presenting record and materials to serve the inspection of the fire prevention and fighting.

2. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) Performing incompletely or not in a timely manner the recommendations on fire prevention and fire fighting compulsory in writing by the competent agencies;

b) Failing to send the responsible person to take part in the inspection Team for the safety of fire prevention and fire fighting as prescribed.

c) Failing to organize the inspection of the safety of fire prevention and fighting as prescribed.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to organize the implementation of guiding and directing documents on fire prevention and fighting of the competent authorities.

b) Failing to perform the recommendations on fire prevention and fighting of which the competent authorities have made requirements in writing;

c) Obstructing the inspection activities and checking in the area of fire prevention and fire fighting of the competent authorities.

4. A fine of between VND 10,000,000 and 15,000,000 for the acts after the facility is approved and accepted of the fire prevention and fighting, before putting the facility into operation, the facility’s head has no written announcement and sign no commitment that the facility has met all requirements and maintained the conditions to ensure the safety of fire prevention and fighting in the course of using the house, works and business and production operations as prescribed.

Article 7. Act of violation on record of management of work of fire prevention and fighting

1. A caution or fine of between VND 100,000 and 200,000 for one of the following acts:

a) Failing to perform the statistics and report on the work of fire prevention and fighting as prescribed;

b) The record of management and monitoring of the activity of fire prevention and fighting has not adequate materials as prescribed;

c) Failing to update the changed information related to the fire prevention and fighting in the record of management and monitoring of fire prevention and fighting of the facility.

2. A fine of between VND 1,000,000 and 3,000,000 for the acts of failing to make the record of management and monitoring of fire prevention and fighting as prescribed;

Article 8. Act of violation of regulations on fire prevention and fighting in management and preservation and use of dangerous substances and goods at risk of fire and explosion

1. A caution or fine of between VND 100,000 and 200,000 for the acts of not having books and records of monitoring and management of dangerous substances and goods at risk of fire and explosion as prescribed.

2. A fine of between VND 1,000,000 to 2,000,000 for act of preservation, placement and arrangement of dangerous substances and goods at risk of fire and explosion exceeding the quantity, volume or arrangement of improper gap, not by each group of dangerous substances and goods at risk of fire and explosion as prescribed.

3. A fine of between VND 2,000,000 and 5,000,000 for the acts of using equipment and means containing dangerous substances and goods at risk of fire and explosion without any certificate of inspection or guarantee of safety conditions on fire and explosion as prescribed.

4. A fine of between VND 10,000,000 and 20,000,000 for the acts of illegal storage of dangerous substances and goods at risk of fire and explosion

5. A fine of between VND 20,000,000 and 30,000,000 for the acts of illegal use of dangerous substances and goods at risk of fire and explosion

6. Form of additional sanction:

Confiscating dangerous substances and goods at risk of fire and explosion for the acts prescribed in the clause 4 and 5 of this Article.

7. Remedial measures:

a) Coercively building and formulating the record and books of monitoring and managing dangerous substances and goods at risk of fire and explosion for the acts prescribed in the clause 1 of this Article.

b) Coercively preserving, arranging and placing and reducing amount and volume of dangerous substances and goods at risk of fire and explosion as prescribed for the acts prescribed in the clause 2 of this Article;

c) Coercively removing dangerous substances and goods at risk of fire and explosion to storage and location as prescribed in clause 3 of this Article.

Article 9. Act of violation of regulations on fire prevention and fighting in the production and business of dangerous substances and goods at risk of fire and explosion

1. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) There’s no measure and means to prevent accumulation of static electricity as prescribed;

b) There’s no measure for natural ventilation or without mandatory ventilation equipment as prescribed.

2. A fine of between VND 5,000.000 and 10,000.000 for one of the following acts:

a) Failing to install the device of detection and leaking treatment of dangerous substances and goods at risk of fire and explosion into the surrounding environment as prescribed;

b) There’s no plan or device to tackle the crack and break of tank, equipment, pipeline containing oil, petroleum products and other flammable liquids;

c) Extracting and filling dangerous substances and goods at risk of fire and explosion at improper place or extracting and filling dangerous substances and goods at risk of fire and explosion to the containers of wrong type and discordant with dangerous substances and goods at risk of fire and explosion.

3. A fine of between VND 10,000.000 and 20,000.000 for the acts of production, business, extraction and filling of dangerous substances and goods at risk of fire and explosion without any license as prescribed.

4. A fine of between VND 20,000.000 and 25,000.000 for the acts of production, business of dangerous substances and goods at risk of fire and explosion in the list of banned trading

5. Form of additional sanction:

Confiscating the dangerous substances and goods at risk of fire and explosion for the acts prescribed in clause 3 and 4 of this Article.

6. Remedial measures:

Coercively taking remedial measures of the environmental pollution as prescribed for the acts prescribed at Point a, b of this Article.

Article 10. Act of violation of regulations on transportation of dangerous substances and goods at risk of fire and explosion

1. A caution a fine of between VND 100,000 and 200,000 for one of the following acts:

a) Making damage and rumpling of transportation license of dangerous substances and goods at risk of fire and explosion.

b) Failing to bring the transportation license of dangerous substances and goods at risk of fire and explosion as prescribed;

c) Failing to take off and remove logos of dangerous substances and goods at risk of fire and explosion affixed on means of transporation when dangerous substances and goods at risk of fire and explosion have been removed from means of transporation.

d) Losing the transportation license of dangerous substances and goods at risk of fire and explosion but having notified promptly to the competent authorities.

2. A fine of between VND 1,000,000 and 2,000,000 for one of the following acts:

a) Failing to arrange dangerous substances and goods at risk of fire and explosion on means of transporation as prescribed.

b) Stopping or parking means of transporation of dangerous substances and goods at risk of fire and explosion in places prohibited as prescribed.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to fully maintain the conditions on the safety of fire prevention and fighting upon using the motorized means to transport dangerous substances and goods at risk of fire and explosion during the time permitted for transportation as prescribed.

b) Transporting other goods together with dangerous substances and goods at risk of fire and explosion on the same means of transportation without any permission as prescribed.

c) Carrying person without duties on the means of transportation of dangerous substances and goods at risk of fire and explosion.

4. A fine of between VND 5,000.000 and 10,000,000 for one of the following acts:

a) Transporting dangerous substances and goods at risk of fire and explosion exceeding the amount and volume and types prescribed in the license;

b) Failing to list the transporation logo of dangerous substances and goods at risk of fire and explosion on means of transportation as prescribed.

c) Failing to observe the conditions on the safety of fire prevention and fighting or failing to comply with the instruction of the competent operator upon loading or unloading, pumping, transfering dangerous substances and goods at risk of fire and explosion from the means of transportation as prescribed;

d) Loading, unloading, pumping, transfer dangerous substances and goods at risk of fire and explosion at the site not ensuring the safety conditions on fire prevention and fighting as prescribed;

dd) Loading, unloading, pumping, transfer dangerous substances and goods at risk of fire and explosion on the way of transportation to other means without permission of competent agencies;

e) Correcting and erasing the transportation license of dangerous substances and goods at risk of fire and explosion;

g) Losing the transportation license of dangerous substances and goods at risk of fire and explosion without notification to the competent agencies;

5. A fine of between VND 10,000.000 and 15,000,000 for one of the following acts:

a) Transporting dangerous substances and goods at risk of fire and explosion without transportation license of dangerous substances and goods at risk of fire and explosion.

b) Falsifying or using false license to transport dangerous substances and goods at risk of fire and explosion

6. Form of additional sanction:

a) Depriving the use right of transportation license of dangerous substances and goods at risk of fire and explosion for the acts prescribed at Point e, clause 4 of this Article;

b) Confiscating dangerous substances and goods at risk of fire and explosion for the acts prescribed at Point b, clause 1, Point b, clause 5 of this Article;

7. Remedial measures:

a) Coercively re-arranging dangerous substances and goods at risk of fire and explosion as prescribed for the acts regulated at Point a, clause 2 of this Article.

b) Coercively reducing the amount, volume and types of dangerous substances and goods at risk of fire and explosion as prescribed at point a, clause 3 of this Article;

c) Coercively removing dangerous substances and goods at risk of fire and explosion to the storage and location as prescribed for the acts regulated at Point a, b, clause 5 of this Article.

Article 11. Act of violation of regulations on fire prevention and fighting in use of fire and heat source, fire or heat generating equipment and tool

1. A caution or fine of between VND 100,000 and 200,000 for one of the following acts:

a) Arranging the cooking and worship place that does not guarantee the safety of fire prevention and fighting as prescribed;

b) Bringing matches, lighters, cell phones, electronic devices or fire or heat generating equipment and tool in areas where prohibited.

2. A caution or fine of between VND 200,000 and 500,000 for the acts of using fire and heat source, fire or heat generating equipment and tool without ensuring a safe distance from fire prevention and fighting as prescribed.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Using other fire source, cell phones, electronic devices or fire or heat generating equipment and tool in areas where prohibited.

b) Welding, cutting metal without safety measures for fire prevention and fighting as prescribed.

Article 12. Act of violation of regulations on fire prevention and fighting

1. A caution or fine of between VND 100,000 and 200,000 for the acts without any provision on fire prevention and fighting in the use of electricity at facility.

2. A fine of between VND 200,000 and 500,000 for the acts of not using electrical equipment in conformity with the manufacturer’s instruction

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to maintain the regular operation of the emergency lighting system;

b) Changing the design, structure or key parameters of power system, electrical equipment without the acceptance from the competent person or agency;

c) Installing and using of electrical wires, electrical cables or switching equipment, protection equipment or power consumption equipment without ensuring the safety for fire prevention and fighting;

d) Using overload electrical equipment as compared with design;

dd) Using electrical equipment in places where prohibited.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Using electrical equipment does not guarantee the requirements for fire prevention and and explosion as prescribed in dangerous environment of fire and explosion;

b) There is no redundant power supply as prescribed.

5. A fine of between VND 10,000,000 and 20,000,000 for acts of failing to design and install electrical systems to serve the fire prevention and fighting, rescue and salvage as prescribed.

6. Remedial measures

Coercively remedying the unsafe condition due to administrative violations prescribed in Clauses 3, 4 and 5 of this Article.

Article 13. Act of violation of regulations on the safety of fire prevention and fighting in design, performance, checking and maintenance of lightning protection system

1. A fine of between VND 100,000 and 200,000 for the acts of having no monitoring record of lightning protection system as prescribed.

2. A fine of between VND 200,000 and 500,000 for the acts of failing to periodically check the lightning protection system as prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 for the acts of failing to remedy the shortcomings and damages to counteract the effect of lightning protection systems.

4. A fine of between VND 10,000,000 and 15,000,000 for the acts of failing to install lightning protection systems for house and work subject to the installation of lightning protection systems as prescribed.

5. Remedial measures:

Coercively remedying the unsafe conditions due to administrative violations prescribed in clause 3 of this Article.

Article 14. Act of violation of regulations on fire prevention and fighting in investment and construction

1. A fine of between VND 100,000 and 200,000 for the acts of having no measures and means to ensure the safety on fire prevention and fighting during the process of performance and building of works.

2. A fine of between VND 200,000 and 500,000 for the acts of failing to design the fire prevention and fighting system for the works subject to having design on fire prevention and fighting.

3. A fine of between VND 1,000,000 and 5,000,000 for the acts of putting the house and building into use without ensuring one of the conditions on the safety of fire prevention and fighting for the works not subject to approval of the fire prevention and fighting as prescribed.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Performing and installing not in conformity with the design of fire prevention and fighting that has been appraised and approved by the competent agencies;

b) Failing to submit record for re-appraisal upon renewal, expansion, modification of the nature of use of the house and building during the process of performance and use as prescribed.

5. A fine of between VND 10,000,000 to 15,000,000 for one of the following acts:

a) Organizing the performance and building of works subject to the appraisal and approval on fire prevention and fighting without having “ Certificate of appraisal and approval on fire prevention and fighting” as prescribed.

b) Newly fabricating or converting means of motor vehicle with the special requirements on ensuring the fire prevention and fighting without any appraisal and approval from the competent authorities.

6. A fine of between VND 20,000,000 and 30,000,000 for the acts of putting the house and building into operation and use without organization of the acceptance of fire prevention and fighting as prescribed.

7. Remedial measures:

a) Coercively remedying the conditions to ensure the safety on fire prevention and fighting for the acts prescribed in clause of this Article;

b) Coercively re-performing and re-installing the items of fire prevention and fighting in accordance with the approved design on fire prevention and fighting for the acts specified at Point a, Clause 4 of this Article;

c) Coercively organizating the remedy of unsafety due to administrative violation or coercively organizing the acceptance from the state management agency on fire prevention and fighting for the acts prescribed in clause 6 of this Article.

Article 15. Act of violation of regulations on safe distance on fire prevention and fighting

1. A caution or fine of between VND 100,000 and 200,000 for one of the following acts:

a) Placement and arrangement of materials and goods without ensuring safe distance on fire prevention, fighting and stopping as prescribed;

b) Failing to organize industrial hygiene leading to the possibility to create an environment at risk of fire and explosion

2. A fine of between VND 2,000,000 and 5,000,000 for the acts of building fire resistant wall, fire resistant partition or fire resistant door and other fire resistant measures without ensuring the requirements as prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Building the ceiling, floor, wall, roof or gathering of combustible materials in places prohibited as prescribed;

b) Building house in forest or along forest edge without ensuring the safety on fire prevention and fighting as prescribed.

4. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Failing to clean up flammable substances in the safety corridor of oil, gas and petroleum products pipelines;

b) Building works violating fire resistant distance.

5. A fine of between VND 20,000,000 and 30,000,000 for one of the following acts:

a) Failing to buil fire resistant wall, partition and door and fire resistant measures as prescribed;

b) Counteracting the effect of fire resisting of the fire resistant wall, partition and door and fire resistant measures.

6. Remedial measures:

a) Coercively restoring the initial state altered due to administrative violations as prescribed in point a, clause 1, point b, clause 5 of this Article.

b) Coercively dismantling the unauthorized building works for the acts specified at Point b, Clause 3, Clause 4 of this Article;

c) Coercively remedying the unsafe conditions due to administrative violations specified in Clause 2, Point a, Clause 3, Point a, Clause 4, Point a, Clause 5 of this Article;

Article 16. Sanction of violations of regulations on escape in fire prevention fighting

1. A caution or fine of between 100,000 and 200,000 for the acts of design of exit doors that do not open in the direction of escape; mounting the mirror in the escape stairs.

2. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) Placing and arranging materials, goods, vehicles and other objects obstructing the exits;

b) Removing, dismounting or damaging the emergency lighting equipment, signboards, instruction board on the emergency exits;

c) Failing to install signboards, instruction board on the emergency exits;

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) There is inadequate rescue equipment and tool as prescribed;

b) There is no ventilation and smoke exhausting equipment as prescribed for the exits;

c) There is no emergency light equipment on the emergency exits or there is but not enough brightness as prescribed or not working.

d) Designing and building exit doors, emergency exits, emergency staircase in sufficient amount, area, width or not in conformity with regulations.

4. A fine of between VND 5,000,000 and 15,000,000 for the acts of lock, choke and block of emergency exits.

5. A fine of between VND 15,000,000 and 25,000,000 for the acts of counteracting of emergency exits.

6. Remedial measures:

Coercively remedying the unsafety conditions due to administrative violations prescribed in clause 1, 2, 3, 4, and 5 of this Article.

Article 17. Act of violation on fire fighting of the facility

1. A caution or fine of between VND 100,000 and 200,000 for the acts of failing to control the fire fighting plan as prescribed.

2. A fine of VND 500,000 and 1,000,000 for one of the following acts:

a) Making the fire fighting plan not satisfying the requirements as prescribed;

b) Failing to disseminate the fire fighting plan as prescribed;

3. A fine of VND 1,000,000 and 2,000,000 for one of the following acts:

a) Failing to submit the plan for approval as prescribed;

b) Failing to take part in the practice of fire fighting plan as prescribed;

c) Failing to supplement and adjust the fire fighting plan as prescribed;

d) Failing to fully practice the fighting circumstances in the fire fighting plan as approved.

4. A fine of VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to make the fire fighting plan as prescribed;

b) Failing to organize practice of the fire fighting plan as prescribed;

5. Remedial measures:

Coercively remedying the unsafe conditions due to administrative violations as prescribed in clauses 1, 2, 3 and 4 of this Article.

Article 18. Act of violation on fire alarm information

1. A caution or fine of between VND 100,000 and 200,000 for the acts of letting means and equipment of fire alarm break down or not work.

2. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) There is no command and equipment of fire alarm as prescribed;

b) Slowly fire alarming, not in a timely manner and incompletely.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) False fire alarm;

b) Failing to alarm fire or prevent and hinder the fire alarm;

c) The unit providing information service does not remedy promptly the breakdown of the fire alarm information receiving equipment of the fire prevention and fighting police agencies upon requested in writing.

4. Remedial measures:

Coercively remedying the initial conditions altered due to administrative violation in clause 1 of this Article.

Article 19. Act of violation on equipment, maintenance and use of means of fire prevention and fighting.

1. A fine of between VND 100,000 and 200,000 for one of the following acts:

a) Moving and changing the installation location of the means of fire prevention and fighting according to the design approved by competent authority;

b) Obscuring means of fire prevention and fighting.

2. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) Failing to periodically check and maintain the system and means of fire prevention and fighting as prescribed;

b) Equipping means of fire prevention and fighting inadequately or unsynchronously as prescribed;

c) Failing to equip the motor vehicles with 4 seat or more, specialized motor vehicles to transport dangerous substances and goods at risk of fire and explosion with means of fire prevention and fighting as prescribed.

3. A fine of between VND 1,000,000 and 5,000,000 for one of the following acts:

a) Equipping, installing and using means of fire prevention and fighting whose quality, type and model have not been inspected as prescribed;

b) Failing to equipping with means of fire prevention and fighting in conformity with the dangerous nature of fire and explosion of the facility as prescribed;

c) Using means of fire prevention and fighting in the standing position of fire fighting used for other purposes;

d) Failing to reserve water for fire fighting as prescribed.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Failing to equip with common means of fire prevention and fighting for house and building as prescribed;

b) Losing, damaging or counteracting the effect of means of fire prevention and fighting

5. A fine of between VND 10,000,000 and 20,000,000 for the acts of failing to equip and install fire alarm and fighting system as prescribed;

6. Remedial measures:

a) Coercively remedying the unsafe condition due to administrative violations prescribed in clause 2, 3, point a, clause 4 and 5 of this Article.

b) Coercively restoring the initial condition altered due to administrative violations prescribed at point b, clause 4 of this Article.

Article 20. Act of violation on fire fighting

1. A caution or fine of between VND 100.000 and 200.000 for the acts of entering the area of fire fighting without permission of the competent person.

2. A fine of between VND 200,000 and 500,000 for the acts of failing to promptly perform the saving of life and property or fire fighting.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to readily and completely prepare the force, means, water resources and other conditions to serve the fire fighting as prescribed;

b) Failing to arrange traffic roads, access location to the building, works and other spaces for fire fighting vehicles and other motor means of fire fighting to operate as prescribed.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Failing to comply with the order of the person in chage of fire fighting;

b) Failing to comply with the mobilization order for fire fighting of the competent person;

c) Hindering the activities of the force and means of fire prevention and fighting ;

d) Failing to participate in remedying the consequence of the fire upon requirement of the competent person;

dd) Failing to protect the spot of the fire as prescribed.

5. A fine of between VND 10,000,000 and 15,000,000 for one of the following acts:

a) Failing to organize the escape and human rescue or fire fighting;

b) Taking advantage of fire fighting to cause harm to health and legal property of the citizens and of the state.

6. Remedical measures:

Coercively remedying the unsafe condition due to administrative violations prescribed in Clause 3 of this Article.

Article 21. Act of violation on propagation, dissemination of the law, knowledge, learning, fostering and training on fire prevention and fighting

1. A caution or fine of between VND 100,000 to 200,000 for the acts of damaging banners, slogans, billboards, posters, placards, propagation and promotion pictures on fire prevention and fighting.

2. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) Failing to organize the propagation and dissemination of the law and knowledge on fire prevention and fighting as prescribed;

b) Make use of persons as a grassroots fire fighting force, the operator controlling motor vehicles with four seats or more, the operator controlling motor vehicle transporting dangerous substances and goods at risk of fire and explosion, but they have not completed training and fostering class in fire prevention and fighting or not granted certificate of completion of training course on fire prevention and fighting as prescribed.

3. A fine of between VND 1,000,000 and 2,000,000 for the acts of failing to organize the training and fostering of fire prevention and fighting as prescribed;

4. Remedial measures:

Coercively restoring the initial condition altered due to administrative violations prescribed in Clause 1 of this Article.

Article 22. Act of violation on establishment, organization and management of the grassroots force of fire prevention and fighting and specialized force of fire prevention and fighting

1. A caution or fine of between VND 100,000 and 200,000 for one of the following acts:

a) Failing to ensure the number of people and time in a shift and attendance crew on the safety of the fire prevention and fighting;

b) The grassroots fire fighting force cannot use proficiently the means of fire prevention and fighting equipped at the facility.

2. A fine of between VND 200,000 and 500,000 for the acts of failing to allot shift at the facility as prescribed prescribed.

3. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Formulating the grassroots or specialized team of fire prevention and fighting not in conformity with the requirements as prescribed;

b) Failing to manage and maintain the activities of the grassroots or specialized team of fire prevention and fighting as prescribed;

4. A fine of between VND 2,000,000 and 5,000,000 for the acts of failing to take part in the activities of the fire prevention and fighting upon requirements from the competent person.

5. A fine of between VND 5,000,000 and 10,000,000 for the acts of failing to formulate the grassroots or specialized team of fire prevention and fighting as prescribed;

6. Remedial measures:

Coercively remedying the unsafe condition due to administrative violations prescribed in Clause 1, 2, 3 and 5 of this Article.

Article 23. Act of violation of regulations in the activities of production and business of means of fire prevention and fighting and design on fire prevention and fighting.

1. A caution or fine of between VND 1,000,000 and 3,000,000 for the acts of the design unit on fire prevention and fighting without any legal entity and technical qualification as prescribed.

2. A fine of between VND 3,000,000 and 5,000,000 for the acts of individuals and organizations operating the business of means and equipment of fire prevention and fighting without satisfying the requirements on material and technical facility and training or practicing the techniques on fire prevention and fighting.

3. A fine of between VND 5,000,000 and 10,000,000 for the acts of conversion of fire fighting vehicles, specialized fire fighting ships and boats without permission of competent agencies.

4. A fine of between VND 10,000,000 and 15,000,000 for the acts of the unit performing and installing the work items of fire prevention and fighting without adequate legal entity and technical qualication as prescribed.

5. Remedial measures:

Coercively remedying the unsafe condition due to administrative violations prescribed in Clause 2, 3 and 4 of this Article.

Article 24. Acts of violations of compulsory fire and explosion insurance

1. A fine of between VND 5,000,000 and 10,000,000 for the acts of business of compulsory fire and explosion insurance without measures of precaution and limit of damage to the subjects participating in compulsory fire and explosion insurance as prescribed.

2. A fine of between VND 20,000,000 and 30,000,000 for one of the following acts:

a) The facility subject to buying compulsory fire and explosion insurance but fails as prescribed.

b) Buying compulsory fire and explosion insurance not in conformity with the principle, premium schedule of compulsory fire and explosion insurance issued by the Ministry of Finance.

c) The facility is subject to buying compulsory fire and explosion insurance but fails to separate the contract of compulsory fire and explosion insurance in the package contract as prescribed.

d) Failing to deduct the payment of compulsory fire and explosion insurance in order to contribute fund for the activities of fire prevention and fighting as prescribed;

Article 25. Act for the occurrence of fire and explosion in the household

1. A fine of 200,000 VND to 500,000 for the acts of unintentional violation of safety regulations on fire prevention and fighting upon the occurrence of fire and explosion but without causing any damage or with the damage under VND 25,000,000.

2. A fine of VND 500,000 to 1,000,000 for the acts of unintentional violation of safety regulations on fire prevention and fighting upon the occurrence of fire and explosion causing damage of between VND 25,000,000 and 50,000,000.

3. A fine of VND 2,000,000 to 3,000,000 for the acts of unintentional violation of safety regulations on fire prevention and fighting upon the occurrence of fire and explosion causing damage of over VND 50,000,000 but without being prosecuted for criminal liability.

Article 26. Sanctioning individuals and organizations upon occurrence of fire and explosion.

1. A fine of between VND 200,000 and 500,000 for the acts of violation of safety regulations on fire prevention and fighting for the occurrence of fire and explosion causing damage of less than VND 2,000,000.

2. A fine of between VND 500,000 and 3,000,000 for the acts of unintentional violations of safety regulations for fire prevention and fighting for the occurrence of fire and explosion causing damage of between VND 2,000,000 and under 10,000,000.

3. A fine of between VND 3,000,000 and 5,000,000 for the acts of unintentional violations of safety regulations for fire prevention and fighting for the occurrence of fire and explosion causing damage of between VND 10,000,000 and under 25,000,000.

4. A fine of between VND 5,000,000 and 10,000,000 for the acts of unintentional occurrence of fire and explosion causing damage of between VND 25,000,000 and 50,000,000.

5. A fine of between VND 10,000,000 and 20,000,000 for the acts of irresponsibility causing fire and explosion but not serious enough for criminal liablity prosecution.

6. A fine of between VND 20,000,000 and 30,000,000 for the acts of unintentionally causing fire and explosion with damage over VND 50,000,000 without criminal liability prosecution.

Article 27. Sanction of expulsion

Foreigners who commit acts of administrative violation specified in Articles 5, 6, 7, 8, 9, 10, 11, 18, 20 and 21 of this Decree shall, depending on the seriousness of the violation, be subject to the form of sanction of expulsion from the Socialist Republic of Vietnam.

Chapter 3.

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 28. Competence to sanction administrative violations of People’s Public Security

1. People’s police officer who is on duty has the right:

a) To impose a caution;

b) To impose a fine up to VND 200,000.

2. Station chief, captain of the competent persons as prescribed in clause 1 of this Article may:

a) To impose a caution;

b) To impose a fine up to VND 500,000.

3. Police chief of commune, ward and townlet (hereafter referred to as communal level) has the right

a) To impose a caution;

b) To impose a fine up to VND 2,000,000.

c) To confiscate exhibit and means used for administrative violations valued up to VND 2,000,000;

d) Coercively restoring the initial condition altered due to administrative violations.

4. Police chief of district, town and provincial run city (hereafter referred to as district level) has the right:

a) To impose a caution;

b) To impose a fine up to VND 10,000,000.

c) To deprive the license use right and certificate of practice under the competence;

d) To confiscate exhibit and means used for administrative violations;

dd) To apply remedial measures prescribed in this Decree.

5. Head of Division of fire prevention and fighting, rescue and salvage, Head of police Division on administrative management of social order, Head of police Division of road and rail traffic, Head of police Division of waterway, Head of police Division of prevention of environmental crime, Head of police Division of criminal investigation of the social order, provincial-level police and Head of district-level police Division of fire prevention and fighting under the Service of fire prevention and fighting within their functions, duties and power have the right:

a) To impose a caution;

b) To impose a fine up to VND 10,000,000.

c) To deprive the license use right and certificate of practice under the competence;

d) To confiscate exhibit and means used for administrative violations;

dd)To apply remedial measures prescribed in this Decree;

6. Directors of police of central-run cities and provinces (hereafter referred to as provincial level), Director of police Service of fire prevention and fighting have the right:

a) To impose a caution;

b) To impose a fine up to VND 30,000,000.

c) To deprive the license use right and certificate of practice under the competence;

d) To confiscate exhibit and means used for administrative violations;

dd) To confiscate exhibit and means used for administrative violations;

e) Directors of provincial –level police have the right to apply the form of sanction of expulsion as assigned by the Minister of Public Security.

7. Head of Department of fire prevention and fighting, rescue and salvage, Head of police Department on administrative management of social order, Head of police Department of road and rail traffic, Head of police Department of waterway, Head of police Division of prevention of environmental crime, Head of police Division of criminal investigation of the social order within their functions, duties and power have the right:

a) To impose a caution;

b) To impose a fine to a maximum level specified in point a, clause 2, Article 14 of the Ordinance amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008;

c) To deprive the license use right and certificate of practice under the competence;

d) To confiscate goods and means used for administrative violations

dd) To apply remedial measures prescribed in this Decree;

8. Minister of Public Security shall decide to apply the form of sanction of expulsion

Article 29. Competence to sanction administrative violations of Chairman of People’s Committee of all levels

1. Chairman of communal-level People’s Committee has the right:

a) To impose a caution;

b) To impose a fine up to VND 2,000,000

c) To confiscate exhibit and means used for administrative violations valued up to VND 2,000,000;

d) Coercively restoring the initial condition altered due to administrative violations;

2. Chairman of district-level People’s Committee has the right:

a) To impose a caution;

b) To impose a fine up to VND 30,000,000

c) To confiscate exhibit and means used for administrative violations;

d) To deprive the license use right and certificate of practice under the competence;

dd) To apply remedial measures prescribed in this Decree;

3. Chairman of provincial-level People’s Committee has the right:

a) To impose a caution;

b) To impose a fine to a maximum level specified in point a, clause 2, Article 14 of the Ordinance amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008;

c) To confiscate exhibit and means used for administrative violations;

d) To deprive the license use right and certificate of practice under the competence;

dd) To apply remedial measures prescribed in this Decree;

Article 30. Competence to sanction administrative violations of other agencies

Apart from persons with sanctioning competence prescribed in Article 28 and Article 29 of this Decree, the persons having competence to sanction under the provisions of the Ordinance on Handling of Administrative Violations 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations 2008 while performing functions, duties under their respective management area and detecting the administrative violation specified in this Decree shall may sanction as prescribed by law.

Article 31. Authorized to sanction administrative violations in the area of fire prevention and fighting

Persons who has competence to sanction administrative violations prescribed in Clause 2, 3, 4, 5, 6 and 7 of Article 28; clause 1, 2 and 3 of Article 29 of this Decree may authorize his deputy to exercise the competence to sanction administrative violations. The authorization must be made in writing. The deputy authorized must take responsibility for his decisions on sanctioning of administrative violations before his superior and law.

Article 32. Principle to determine competence to sanction administrative violations

1. The competence to sanction administrative violations in accordance with this Decree is the competence applicable to an administrative violation. In the case of fines, the sanctioning competence shall be determined based on the maximum level of the fine fine bracket prescribed for each specific act of violation. In case of administrative violation under the competence of many persons, the sanction shall be made by the first person who handles the case.

2. In the case of sanctioning a person who commits many acts of administrative violation, the sanctioning competence shall be determined according to the following principles:

a) If the form and level of sanction prescribed for every act are under the competence of the sanctioning person, the sanctioning competence still belongs to that person;

b) If the form and level of sanction prescribed for one of the acts exceed the competence of the sanctioning person, that person must transfer the violation case to the sanctioning competent level.

3. In case the person with sanctioning competence as a people’s police officer who is dealing with individuals and organizations in violation of fire prevention and fighting prescribed in this Decree but detects that individual or organization also commits acts of administrative violations stipulated in other Decrees of the Government, he shall have the right to sanction such act of administrative violation.

Chapter 4.

ORDER AND PROCEDURE FOR SANCTION OF ADMINISTRATIVE VIOLATION

Article 33. Order and procedures for sanction of administrative violation

1. Upon detecting administrative violation in the area of fire prevention and fighting, the person with sanctioning competence must give order to stop that act of violation.

2. Order and procedure for the sanction of administrative violation are implemented as follows:

a) For administrative violation but the form of sanction is a caution or a fine up to VND 200,000 the person with sanctioning competence shall decide to sanction on the spot under the simple procedures prescribed in the Article 54 of the Ordinance on Handling of Administrative Violations Ordinance 2002 and amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008;

b) For administrative violations sanctions but the form of sanction is a fine of over VND 200,000 the person with sanctioning competence shall make records of administrative violations as stipulated in Article 55 of the Ordinance on Handling of Administrative Violations 2002 and Ordinance amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008 and make a decision on sanction prescribed in Article 56 of the Ordinance on Handling of Administrative Violations, 2002; if the violation exceeds the sanctioning competence of the person making record, that person must send the record to persons with sanctioning competence to make sanctioning decision as prescribed.

c) Form for sanctioning administrative violation in the area of fire prevention and fighting are applied uniformly under the form prescribed in the area of security and order and social safety.

3. When imposing a fine, the level of sanction for a specific administrative act is the average level of the fine bracket for that act specified in this Decree; in case the violations with extenuating circumstances then the fine may be slightly reduced, but not lower than the minimum level of the fine bracket; n case the violations with aggravating circumstances, the level of fine may be increased, but not exceed the maximum amount of the fine bracket prescribed. When imposing fines, the person who is fined must be known the fine bracket and specific level of fine.

4. The minor person between full 16 years and under 18 years upon committing administrative violation, if the administrative sanction is fines, the fine level shall not exceed one-half of the fine level for adults; in case they do not have money for thee fines, his parents or guardian must pay instead.

Article 34. Application of measures to prevent administrative violations and ensure the sanction of administrative violations in the area of fire prevention and fighting

In case of necessity to promptly prevent the administrative violations or to ensure the sanction of administrative violations in the area of fire prevention and fighting, the measure of temporary detention of people and exhibits and means of administrative violations shall apply; searching body, transportation vehicles, and objects and places where the exhibits and means of administrative violations are concealed in accordance with the Ordinance on Handling of administrative Violations Ordinance 2002 and amended supplementing some articles of the Ordinance on Handling of Administrative Violations 2008.

Article 35. Collection of fines of administrative violations

1. Individuals and organizations imposed fines for administrative violations in the area of fire prevention and fighting must pay fines in a timely manner at the State Treasury specified in the sanctioning decision, except for payment of fines made on the spot prescribed in Article 54 of the Ordinance on Handling of Administrative Violations Ordinance 2002 and amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008 and having received fine receipts. The collection of fines must use receipts issued by the Ministry of Finance in accordance with regulations.

2. In remote areas, on river or sea, areas where travel is difficult or non-working hours, the individuals and organizations sanctioned may make fine payment to person with sanctioning competence. Person with sanctioning competence shall have to collect fines on the spot and pay into the State Treasury as stipulated in clause 3, Article 58 of the Ordinance on Handling of Administrative Violations 2002. The sanctioned person is entitled delay the fine payment if there is no fine receipt issued by the Ministry of Finance as prescribed.

Article 36. Compliance with decision on sanction of administrative violations

1. Individuals and organizations sanctioned for administrative violations in the area of fire prevention and fighting must abide by the sanctioning decision within 10 days from the date of receiving the sanction decision. If exceeding that time limit but individuals and organizations sanctioned do not voluntarily execute the sanctioning decision, they shall be enforced as prescribed by law.

2. Individual who is fined from VND 500,000 or more may postpone the execution of the fine as prescribed in Article 65 of the Ordinance on Handling of Administrative Violations 2002.

3. When necessary, the person with santioning competence or the sanctioning agency for individuals and organizations that commit acts of administrative violations in the area of fire prevention and fighting have the right to publicly announce the acts of administrative violations, the sanctioning decision to the local agency, organization or authorities where the violating individuals are working or residing and to the direct superior management agency or local authorities organizations where the violating organizations register their activities.

Article 37. Depriving the license use right and certificate of practice

The deprivation of the license use right and certificate of practice is only be made for acts of violation prescribed in this Decree, other decrees of the Government on sanction of administrative violations related to fire prevention and fighting shall comply with the provisions of the Ordinance on Handling of Administrative Violations Ordinance 2002 and amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008.

Article 38. Transfer of records of violations with criminal signs for criminal liability prosecution

In case considering the violation cases for making sanctioning decisions, if finding the violations bearing the signs of crime or for the case where the santioning decision has been made, if later detecting violations with the signs of crime but the limitation for criminal liability prosecution has not expired, the record of the violation with the signs of crime must be transferred to the competent agency conducting criminal proceedings in accordance with the provisions in Article 62 of the Ordinance on Handling of administrative violations 2002.

Article 39. Complaint and denunciation

1. Individuals and organizations sanctioned for administrative violations in the area of fire prevention and fighting or their legal representatives have the right to appeal against decisions on sanctioning of administrative violations, decisions to apply preventive measures and guarantee of the handling of administrative violations of the competent persons.

Individuals have the right to make denunciation to the competent State agencies on the acts contrary to the law on sanction of administrative violations in the area of fire prevention and fighting.

2. The complaints and denunciations and the settlement of complaints and denunciations shall comply with the law provisions on complaints and denunciations.

3. The lawsuits against decisions on sanction of administrative violations, decisions on the application of preventive measures and guarantee of the handling of administrative violations in the area of fire prevention and fighting shall comply with the provisions of law on administrative proceedings.

Chapter 5.

IMPLEMENTATION PROVISION

Article 40. Effect

This Decree takes effect as from August 5, 2012 and supersedes the Decree No. 123/2005/ND-CP dated October 5, 2005 prescribing the sanctio of administrative violations in the area of fire prevention and fighting.

Article 41. Responsibility for implementation

1. Minister of Public Security is responsible for organizing the implementation, guidance, inspection and urge of the implementation of this Decree.

2. The ministers, heads of ministerial-level agencies, heads of agencies under the government, Chairman of People’s Committee of central run provinces and cities and other organizations and individuals are liable to implement this Decree. /.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 


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